Los Angeles daily herald., 1887-06-14
DAILY HERALD.
PERKI ms VS.. BALDWIN
The Celebrated case Coh"
for a. Week.

for week.
Yesterday morning at l0 ooiocA .'e
case of Perkins VS.. Baldwin was c"lieu
before Superior Judge o'Melveny. o~'
ing to the fact that Hon. 5. M. " hi'e'
of counsel for Miss Perkins, was en-
gagged in criminal case 10 Judge Che-
neys department, the Baldwin case was
continued to / o'clock in the afternoon
AT that time the attorneys Tor potn
sides were in court and there was quite
an attendance of curious spectators. The
names of the term trial jurors were
called and twenty.eight Of them an
swered to their names. G. Wiley Wells,
for the defendant, moved for a eontinu-
ance for the session and presented sew
eral atiiavits in support OF his cause.
The first affldavitwas from X. A. Unruh,
who deposed that he was the confiden-
tial agent and manager of Mr.. Baldwin;
that Baldwin had told him that he
would be in Los Angeles by the 10 h OF
June to attend the trial of the cause aud
had instructed deponent to make
all arrangements for proper
defense of the case. This deponent had
done by causing numb er OF witnesses
to be summoned for the defense Affiant
had received letters and messages from
Baldwin, all of which caused him TO he
lieve that the defendant would be in this
city by the 10th of June. That on the
sth of June he received telegram stat
ing that Baldwin had been taken sud
I ~ nd
travel without endangering his life.
There was an affidavit also presented
from DIR. f NJ. Powers, of St. Louis,
who corroborated the fact of Baldwin's |
illness. An affidavit was presented from |
Senator L. j. Rose in which he stated |
that he saw Baldwin while East and that
the latter expressed his intention of be- |
ing at Los Angeles by the 10Th Of June.
G.. Wiley Wells also deposed that the
Alessrs. Lloyd & Woods, of San Fran
cisco, who are interested as counsel in
the case on MIR. Baldn in's side, found |
it impossible to be ON hand at the pres
ent time. As Mr.. Baldwin was an i'm
portant witness for the defense, a con-
tiuuance was asked for the session.
The counsel for the plaintiff
asked time to consult as to the petition
for continuance aud this was granted
After about an hour the plaintiff and her
attorneys returned into court, and Mr..
White said: "Aiter reading the afh-
davils we are of the opinion that this de-
fendant should have additional time to
reach Los Angeles. We are willing to
make stipulation as to the testimony
of any other witness but not as to the
defendant. II Baldwin is sick at st.
Louis as alleged by the aflidavits. then
we will consent to continuance for a
day or two. We do not want to do any.
thing out of the way in this case, but it
is much to be regretted that we can't go
on with it at once"
Judge 0'Melveny said: ''0n the face
of the athdavits l will grant postpone
ment of the case until next Monday,
June Goth" The Judge said that he
was bound to believe the affidavits but
he hoped as the illness of Baldwin was
so sudden. his recovery would be equally
sudden. He said that the affidavits were
sufficient for postponement. Colonel
Wells said that he first received informa-
tion of Mr.. Baldwin's illness on last
Saturday, and desired to call attention
to a publication in morning paper,
several days ago, that tne beAt tninB
would be Baldwin's illness. MIR. White
said that the reporter who wrote the
item was true prophet. The Judge
ruled that the defendant would have the
power at future time of renewing his
motion for a continuance.
The Court then instructed the jury
men and witnesses to be in attendance
on June 20tb, and the disappointed
spectators filed downstairs.
Miss Perkins is looking in excellent
health, aud yesterday wore very taste
full and somewhat costly walking
costume.
A gentleman ssid "What will be-
come of this case if Baldwin is as sick as
aud should happen to die?
Can this suit for breach of promise be
continued against mis- estate. or will the |
suit terminate with his death ?"
This is question.